M'Lellan v. Maine Fire & Marine Insurance
Massachusetts Supreme Judicial Court
[*246] * Assumpsit upon a policy of insurance, dated March 29th, 1811, whereby the defendants insured for the plaintiff the sum of $ 10,000 on the ship Mary Anne, at and from Charleston, S. C., to, at, and from London, to her port of discharge in the United States, with liberty to touch and trade at St. Ubes.
Read the full summary
[*246] * Assumpsit upon a policy of insurance, dated March 29th, 1811, whereby the defendants insured for the plaintiff the sum of $ 10,000 on the ship Mary Anne, at and from Charleston, S. C., to, at, and from London, to her port of discharge in the United States, with liberty to touch and trade at St. Ubes. The ship valued at $ 15,000. The plaintiff declared for a total loss ; and averred, in the first count, that the ship was attacked, taken, and carried away, by an armed vessel on the high seas, supposed to belong to citizens of France. 2. That she was, on the high seas, with force and…
1Opinion of the CourtJackson, J.
As to the supposed rescue of the ship, we are all satisfied that the law, on that subject, was correctly stated by the judge to the jury. The principle contended for, by the defendants, would expose every neutral ship to capture by pirates, without the right or means of self-defence. The neutral master could not venture to resist, until the captors had obtained the possession and entire command of his ship ; and, if he should then discover that they were pirates, resistance would be ineffectual.
The argument has proceeded, in some measure, on the supposition that the capturing ship was a…
2Cases cited1 opinion
- Snowden v. Phoenix InsuranceSupreme Court of Pennsylvania · 1811
3Cited by1 opinion
- Taber v. China Mutual InsuranceMassachusetts Supreme Judicial Court · 1881